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Paraphernalia

Penal Law § 220.50 — diluents, packaging and scales for preparing or dispensing drugs, a class A misdemeanor

What the section reaches. A person is guilty of criminally using drug paraphernalia in the second degree by knowingly possessing or selling items for preparing or dispensing narcotic drugs or stimulants, under circumstances showing an intent to use them unlawfully or knowledge that someone else intends to.

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  • Diluents, dilutants or adulterants, such as quinine hydrochloride, mannitol, lactose or dextrose, adapted for diluting narcotic drugs or stimulants.
  • Gelatine capsules, glassine envelopes, vials or other material suitable for packaging individual quantities.
  • Scales and balances used or designed for weighing or measuring controlled substances.

Those are the three kinds of items the section names. The offense is a class A misdemeanor.

What counts as drug paraphernalia is defined elsewhere in the law, and the cannabis rules have their own page. Whether an object found in a particular search is paraphernalia is a question of fact and law for a licensed New York attorney.

Sources for this section (1)
  1. Penal Law § 220.50 — Criminally using drug paraphernalia in the second degree

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.

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